Question
American Cookie Company (ACC) is a corporation that produces and distributes cookies to grocery stores, supermarkets, and other retail vendors across the country. ACC employed
American Cookie Company (ACC) is a corporation that produces and distributes cookies to grocery stores, supermarkets, and other retail vendors across the country. ACC employed Michael Finch (Finch) as a salesperson and assigned him to his own sales territory. Finch's duties involved making sales calls, taking orders, and making sure that the shelves of stores in his territory were stocked with ACC products. During the first two months of Finch's employment, ACC received numerous complaints from store owners in Finch's territory that Finch was overly aggressive, taking shelf space for ACC products that were previously reserved for competing brands.
One day, Finch visited an ACC client, Whole Paycheck supermarket, which is managed by Sherman Klump, to place previously delivered American products on the store's shelves. Finch began to take shelf space for ACC products that were previously reserved for competing brands, and Klump told him to stop it and place the ACC products on the shelves assigned to it. Finch became angry and started swearing at Klump, who told Finch that if he did not stop swearing he would have to leave the store because "there are ladies and children present". Finch then became uncontrollably angry, went behind the counter, and challenged Klump to a fight. Klump refused to fight, and Finch proceeded to viciously assault and batter Klump, causing Klump severe injuries.
Klump sued ACC for the injuries he sustained due to Finch's attack, arguing that ACC is liable under the doctrine of Respondeat Superior.
Is ACC liable for Finch's assault and battery under the doctrine of Respondeat Superior?
Are there other legal grounds to hold ACC liable for Finch's actions?
Explain your answer.American Cookie Company (ACC) is a corporation that produces and distributes cookies to grocery stores, supermarkets, and other retail vendors across the country. ACC employed Michael Finch (Finch) as a salesperson and assigned him to his own sales territory. Finch's duties involved making sales calls, taking orders, and making sure that the shelves of stores in his territory were stocked with ACC products. During the first two months of Finch's employment, ACC received numerous complaints from store owners in Finch's territory that Finch was overly aggressive, taking shelf space for ACC products that were previously reserved for competing brands.
One day, Finch visited an ACC client, Whole Paycheck supermarket, which is managed by Sherman Klump, to place previously delivered American products on the store's shelves. Finch began to take shelf space for ACC products that were previously reserved for competing brands, and Klump told him to stop it and place the ACC products on the shelves assigned to it. Finch became angry and started swearing at Klump, who told Finch that if he did not stop swearing he would have to leave the store because "there are ladies and children present". Finch then became uncontrollably angry, went behind the counter, and challenged Klump to a fight. Klump refused to fight, and Finch proceeded to viciously assault and batter Klump, causing Klump severe injuries.
Klump sued ACC for the injuries he sustained due to Finch's attack, arguing that ACC is liable under the doctrine of Respondeat Superior.
Is ACC liable for Finch's assault and battery under the doctrine of Respondeat Superior?
Are there other legal grounds to hold ACC liable for Finch's actions?
Explain your answer.
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